Queensland Police Union Journal

Gilshenan & Luton 2012 Legal Overview
Gilshenan & Luton
2012 Legal Overview
This article summarises a presentation given by Glen Cranny and
Adrian Braithwaite to the QPU Conference on 2 May overviewing
the legal work performed by Gilshenan & Luton for the Union in the
previous 12 months.
During the past 12 months,
Gilshenan & Luton have been
involved in many matters of a
disciplinary, criminal, and coronial
nature on behalf of Union members,
as well as providing advices to the
Union on specific issues as they arise.
The QPS disciplinary system remains
an entirely unsatisfactory one. While
recent initiatives such as the ACDP
program have given some cause for
optimism, the system is still beset by
delays, unfairness, and an unhealthy
focus on punitive measures rather
than rehabilitative and welfare
measures.
The scathing criticism of the system
delivered by the independent review
into the Service disciplinary system
in 2012 stands as an indictment
upon the Crime and Misconduct
Commission and QPS management
who have allowed the system to
get to this stage over the last two
decades.
The overhaul and vast improvement
of the disciplinary system represents
one of the greatest challenges for
Commissioner Stewart in his new
role.
Statistics presented at Conference
show that in the majority of cases
involving sanctions imposed at
Deputy Commissioner level, on
Branch official Paul McPhee from West End, South Eastern Regional Rep Bob Smithson, and Gilshenan &
Luton’s Adrian Braithwaite at Conference.
“While recent initiatives such as the ACDP
program have given some cause for optimism,
the QPS disciplinary system is still beset by
delays, unfairness, and an unhealthy focus on
punitive measures rather than rehabilitative and
welfare measures.”
appeal these decisions have been
reversed (where the member has
appealed), or maintained (where the
CMC has appealed).
This of itself would suggest that the
QPS disciplinary system is out of
touch with community standards
and expectations reflected through
QCAT’s decisions.
Much of Gilshenan & Luton’s focus
in the last 12 months has been in the
Coronial area.
The inquest into the tragic death of
Dan Stiller near Gladstone was one
such inquest, and resulted in the
State Coroner expressing serious
concerns about the ongoing use of
motorcycles in police escorts for
wide loads. This is a matter which the
Union will continue to be involved in
going forward.
2012 saw an end to the long-running
Galeano Inquest concerning the taser
death of Antonio Galeano in Ayr in
June 2009.
60 Queensland Police Union Journal June 2013